burglary Flashcards
When is a person guilty of burgalry?
A person is guilty of burglary if:
1. under s9(1)(a) He enters any building or part of building as a tresspasser with the intention to commit .9 (2) (stealing, inflicting grievous bodily harm or criminal damag
- Under s9(1)b) ving entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
Explain under 9(1)a) when a person is guilty of burglary.
following 9(1)(a) a person is guilty if he enters any building or part of a building as a trespasser and with intent to commit any such offence as mentioned in s.9 (2) (stealing, inflicting grievous bodily harm or criminal damage
Explain when a person is guilty of burglary under s9(1)B) of the theft act
having entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
What is the act that governs burglary ?
The Theft Act 1968
What is the sentence for burglary?
- Max sentence for burglary dwelling is 14 years imprisonment
- Max sentence for burglary non
dwelling carries a max sentence for 10 years
What is the Actus reus of burglary ?
The actus reus is
- Entered
- Building or part of a building
- As a trespasser
- as defined in the case of R V Collins he entered the building as a tresspasser
What cases have defined entry?
- R v Collins- entered the building
- R v Brown - defendant’s entry needs to only be effective not ‘substantial and effective’
- R v Ryan- entered the building as aa trespasser
What is the mens rea for Burglary ?
-
Explain the meaning of a building as apart of the actus reus for burglary
Governed under the Theft Act 1968 s9(4)
- A building is an ‘inhabited dwelling’; this means houses or flats and it includes outbuildings and sheds. It also includes ‘inhabited vehicles and vessels’ for example caravans or houseboats
- Definition comes from the case of Stevens v Gourley “a structure of considerable size and intended to be permanent or at least to endure for a considerable time”
What governs buildings as the actus reus of burglary ?
Theft Act 1968
What case originally defined what a building is?
- Stevens v Gourley - as a structure of considerable size and intended to be permanent or at least endure for a considerable time
What did the cases of B & S V Leathely and Northfolk Constabulary v Seeking and Gould consider?
- B and S v Leathley (1979) and Norfolk Constabulary v Seeking and Gould (1986) both considered whether large storage containers were ‘structures’ which could be classed as buildings
- B and S v Leathley- held that the container was considered to be a building
- Norfolk Constabulary v Seeking and Gould were not guilty of burglary as the containers had wheels and were therefore, uninhabited vehicles.
Explain what is meant by part of a building.
Part of a building intends to cover situations where an individual has permission for one part of the building but goes to the other
- Its possible that a person becomes a trespasser when they move from one part of the building to another
- R V Walkington - entered part of the building without permission as a trespasser with intent to steal
What was the case that can be used to show part of a building ?
R V Walkington- entered part of the building without permission
Explain what constitutes a trespasser.
- If the D has permission to enter he is not a trespasser example R V Collins
- If D goes beyond permission then he is a trespasser
- R v Jones and Smith- trespasser if he enters premises of another knowing that he is entering in excess of the permission that has been given to him to enter, or being reckless whether he is in excess of that permission.’
